Denham Springs Economic Development District v. All Taxpayers, Property Owners, and Citizens of the Denham Springs Economic Development District (2006)
From Judgepedia
Summary
- The majority opinion of Justice Jeannette Theriot Knoll held that (1) the government did not violate the due process rights, under the Due Process Clause of the Fourteenth Amendment, of local citizens by notifying them of a $50 million Tax Increment Financing (TIF) plan for Bass Pro Shops only by mail, rather than by personal service, even though they were, as a group, easily identifiable; and (2) the citizens challenging the project did not have a sufficient property interest in challenging the project to trigger due process rights, although they may have if they had recieved notice of the project in time to challenge it.
ISSUES:
- The issue in this case was whether the district court erred in allowing the development district to use the notice by publication provisions of a statute to avoid actual service on known opposition, to avoid any attempt to provide actual notice to known, easily identifiable parties, and to prevent the public from having a fair opportunity to challenge a Bass Pro TIF project.
HOLDING:
- The Majority held that local citizens who had not recieved the notice of the Bass Pro TIF project through its publication in a local newspaper were not deprived of a constitutionally protected life, liberty, or property interest where their capacity to challenge the Bass Pro TIF project expired.
MAJORITY REASONING:
- (1) "[T]he appellate court found the record contained no evidence th the identity, addresses, or alleged interests of the individual defendants were known to the District."
- (2) "The individual defendants' right to challenge the provisions of the Bond Resolution made for the security and payment of the bonds does not bear the hallmarks of a constitutionally protected liberty or property interest."
For a discussion of potential flaws in the court's reasoning, see this link to the discussion page, or click on the discussion tab at the top of this page.
